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            COMMISSION REGULATION (EC) No 1968/2004

of 16 November 2004         

laying down detailed rules for the application in 2005 of the tariff quotas for ‘baby beef’ products originating in Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and Serbia and Montenegro

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular the first subparagraph of Article 32(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   The following tariff quotas are hereby opened for the period from 1 January to 31 December 2005:

The quotas referred to in the first subparagraph shall bear the order Nos 09.4503, 09.4504, 09.4505 and 09.4506 respectively.

For the purposes of attributing those quotas, 100 kilograms live weight shall be equivalent to 50 kilograms carcass weight.

2.   The customs duty applicable under the quotas referred to in paragraph 1 shall be 20 % of the ad valorem duty and 20 % of the specific duty as laid down in the Common Customs Tariff.

3.   Importation under the quotas referred to in paragraph 1 shall be reserved for certain live animals and certain meat falling within the following CN codes, referred to in Annex II to Regulation (EC) No 2007/2000 and in Annex III to the Interim Agreements concluded with Croatia and the Stabilisation and Association Agreement concluded with the former Yugoslav Republic of Macedonia:

Article 2

Save as otherwise provided in this Regulation, Regulations (EC) No 1291/2000 and (EC) No 1445/95 shall apply to importing operations under the quotas referred to in Article 1.

Article 3

1.   Imports of the quantities set out in Article 1 shall be subject to presentation, on release for free circulation, of an import licence.

2.   Section 8 of licence applications and licences shall show the country or customs territory of origin. Licences shall carry with them an obligation to import from the country or customs territory indicated.

Section 20 of licence applications and licences shall show one of the entries listed in Annex I.

3.   The original of the certificate of authenticity drawn up in accordance with Article 4 plus a copy thereof shall be presented to the competent authority together with the application for the first import licence relating to the certificate of authenticity. The original of the certificate of authenticity shall be kept by the competent authority.

Certificates of authenticity may be used for the issue of more than one import licence for quantities not exceeding that shown on the certificate. Where more than one licence is issued in respect of a certificate, the competent authority shall endorse the certificate of authenticity to show the quantity attributed.

4.   The competent authorities may issue import licences only after they are satisfied that all the information on the certificate of authenticity corresponds to that received each week from the Commission for the imports concerned. The licences shall be issued immediately thereafter.

Article 4

1.   All applications for imports licences under the quotas referred to in Article 1 shall be accompanied by a certificate of authenticity issued by the authorities of the exporting country or customs territory listed in Annex VII attesting that the goods originate in that country or customs territory and that they correspond to the definition given, as the case may be, in Annex II to Regulation (EC) No 2007/2000 or Annex III to the Stabilisation and Association Agreement and the Interim Agreement referred to in Article 1(3).

2.   Certificates of authenticity shall be made out in one original and two copies, to be printed and completed in one of the official languages of the Community, in accordance with the relevant model in Annexes II to VI for the exporting countries and the customs territory concerned. They may also be printed and completed in the official language or one of the official languages of the exporting country or customs territory.

The competent authorities of the Member State in which the import licence application is submitted may require a translation of the certificate to be provided.

3.   The original and copies of the certificate of authenticity may be typed or hand-written. In the latter case, they shall be completed in black ink and in block capitals.

The certificate forms shall measure 210 x 297 mm. The paper used shall weigh not less than 40 g/m2. The original shall be white, the first copy pink and the second copy yellow.

4.   Each certificate shall have its own individual serial number followed by the name of the issuing country or customs territory.

The copies shall bear the same serial number and the same name as the original.

5.   Certificates shall be valid only if they are duly endorsed by an issuing authority listed in Annex VII.

6.   Certificates shall be deemed to have been duly endorsed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.

Article 5

1.   The issuing authorities listed in Annex VII shall:

2.   The list in Annex VII shall be revised by the Commission where the requirement referred to in paragraph 1(a) is no longer met, where an issuing authority fails to fulfil one or more of the obligations incumbent on it or where a new issuing authority is designated.

Article 6

Certificates of authenticity and import licences shall be valid for three months from their respective dates of issue. However, their term of validity shall expire on 31 December 2005.

Article 7

The exporting countries and the custom territory concerned shall communicate to the Commission specimens of the stamp imprints used by their issuing authorities and the names and signatures of the persons empowered to sign certificates of authenticity. The Commission shall communicate that information to the competent authorities of the Member States.

Article 8

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 November 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

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(1)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2)OJ L 240, 23.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 607/2003 (OJ L 86, 3.4.2003, p. 18).

(3)OJ L 40, 12.2.2002, p. 9.

(4)OJ L 84, 20.3.2004, p. 1.

(5)OJ L 304, 21.11.2001, p. 1. Regulation as amended by Regulation (EC) No 2/2003 (OJ L 1, 4.1.2003, p. 26).

(6)OJ L 25, 29.1.2002, p. 16. Regulation as amended by Regulation (EC) No 3/2003 (OJ L 1, 4.1.2003, p. 30).

(7)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

(8)OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

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ANNEX I

Entries referred to in Article 3(2)

—   in Spanish: ‘Baby beef’ [Reglamento (CE) no 1968/2004]

—   in Czech: ‘Baby beef’ (Nařízení (ES) č. 1968/2004)

—   in Danish: ‘Baby beef’ (forordning (EF) nr. 1968/2004)

—   in German: ‘Baby beef’ (Verordnung (EG) Nr. 1968/2004)

—   in Estonian: ‘Baby beef’ (Määrus (EÜ) nr 1968/2004)

—   in Greek: ‘Baby beef’ [Κανονισμός (ΕΚ) αριθ. 1968/2004]

—   in English: ‘Baby beef’ (Regulation (EC) No 1968/2004)

—   in French: ‘Baby beef’ [Règlement (CE) no 1968/2004]

—   in Italian: ‘Baby beef’ [Regolamento (CE) n. 1968/2004]

—   in Latvian: ‘Baby beef’ (Regula (EK) Nr. 1968/2004)

—   in Lithuanian: ‘Baby beef’ (Reglamentas (EB) Nr. 1968/2004)

—   in Hungarian: ‘Baby beef’ (1968/2004/EK rendelet)

—   in Maltese: ‘Baby beef’ (Regolament (KE) Nru 1968/2004)

—   in Dutch: ‘Baby beef’ (Verordening (EG) nr. 1968/2004)

—   in Polish: ‘Baby beef’ (Rozporządzenie (WE) nr 1968/2004)

—   in Portuguese: ‘Baby beef’ [Regulamento (CE) n.o 1968/2004]

—   in Slovak: ‘Baby beef’ (Nariadenie (ES) č. 1968/2004)

—   in Slovenian: ‘Baby beef’ (Uredba (ES) št. 1968/2004)

—   in Finnish: ‘Baby beef’ (Asetus (EY) N:o 1968/2004)

—   in Swedish: ‘Baby beef’ (Förordning (EG) nr 1968/2004)

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ANNEX II
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1. Consignor (full name and address)CERTIFICATE No 0000 Original CROATIA2. Consignee (full name and address)CERTIFICATE OF AUTHENTICITY for exports to the EC of bovine animals and meat of bovine animals (application of Regulation (EC) No 1968/2004)NOTES A. This certificate shall be prepared in one original and two copies. B. The original and its two copies shall be typewritten or completed by hand. In the latter case, they must be completed in black ink and in block capitals.3. Marks, numbers, numbers and nature of packages or head of cattle; description of goods4. Combined Nomenclature code5. Gross weight (kg)6. Net weight (kg)7. Net weight (kg) (in words)8. I, the undersigned , acting on behalf of the authorised issuing body (box 9) certify that the goods described above were subjected to health inspection at , in accordance with the attached veterinary certificate of , originate in and come from the Republic of Croatia and correspond exactly to the definition contained in Annex III to the Interim Agreement set out in Decision 2002/107/EC (OJ L 40, 12.2.2002, p. 9).9. Authorised issuing bodyPlace:Date:(Stamp of issuing body)(signature)

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ANNEX III
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1. Consignor (full name and address)CERTIFICATE No 0000 Original BOSNIA AND HERZEGOVINA2. Consignee (full name and address)CERTIFICATE OF AUTHENTICITY for exports to the EC of bovine animals and meat of bovine animals (application of Regulation (EC) No 1968/2004)NOTES A. This certificate shall be prepared in one original and two copies. B. The original and its two copies shall be typewritten or completed by hand. In the latter case, they must be completed in black ink and in block capitals.3. Marks, numbers, numbers and nature of packages or head of cattle; description of goods4. Combined Nomenclature code5. Gross weight (kg)6. Net weight (kg)7. Net weight (kg) (in words)8. I, the undersigned , acting on behalf of the authorised issuing body (box 9) certify that the goods described above were subjected to health inspection at , in accordance with the attached veterinary certificate of , originate in and come from the Republic of Bosnia and Herzegovina and correspond exactly to the definition contained in Annex II to Council Regulation (EC) No 2007/2000 (OJ L 240, 23.9.2000, p. 1).9. Authorised issuing bodyPlace:Date:(Stamp of issuing body)(signature)

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ANNEX IV
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1. Consignor (full name and address)CERTIFICATE No 0000 Original THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA2. Consignee (full name and address)CERTIFICATE OF AUTHENTICITY for exports to the EC of bovine animals and meat of bovine animals (application of Regulation (EC) No 1968/2004)NOTES A. This certificate shall be prepared in one original and two copies. B. The original and its two copies shall be typewritten or completed by hand. In the latter case, they must be completed in black ink and in block capitals.3. Marks, numbers, numbers and nature of packages or head of cattle; description of goods4. Combined Nomenclature code5. Gross weight (kg)6. Net weight (kg)7. Net weight (kg) (in words)8. I, the undersigned , acting on behalf of the authorised issuing body (box 9) certify that the goods described above were subjected to health inspection at , in accordance with the attached veterinary certificate of , originate in and come from the former Yugoslav Republic of Macedonia and correspond exactly to the definition contained in Annex III to the Stabilisation and Association Agreement set out in Decision 2004/239/EC, Euratom (OJ L 84, 20.3.2004, p. 1).9. Authorised issuing bodyPlace:Date:(Stamp of issuing body)(signature)

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ANNEX V
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1. Consignor (full name and address)CERTIFICATE No 0000 Original SERBIA AND MONTENEGRO (1)2. Consignee (full name and address)CERTIFICATE OF AUTHENTICITY for exports to the EC of bovine animals and meat of bovine animals (application of Regulation (EC) No 1968/2004)NOTES A. This certificate shall be prepared in one original and two copies. B. The original and its two copies shall be typewritten or completed by hand. In the latter case, they must be completed in black ink and in block capitals.3. Marks, numbers, numbers and nature of packages or head of cattle; description of goods4. Combined Nomenclature code5. Gross weight (kg)6. Net weight (kg)7. Net weight (kg) (in words)8. I, the undersigned , acting on behalf of the authorised issuing body (box 9) certify that the goods described above were subjected to health inspection at , in accordance with the attached veterinary certificate of , originate in and come from Serbia and Montenegro and correspond exactly to the definition contained in Annex II to Council Regulation (EC) No 2007/2000 (OJ L 240, 23.9.2000, p. 1).9. Authorised issuing bodyPlace:Date:(Stamp of issuing body)(signature)(1) Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.

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ANNEX VI
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1. Consignor (full name and address)CERTIFICATE No 0000 Original International civil administration of the United Nations Mission in Kosovo (UNMIK)2. Consignee (full name and address)CERTIFICATE OF AUTHENTICITY for exports to the EC of bovine animals and meat of bovine animals (application of Regulation (EC) No 1968/2004)NOTES A. This certificate shall be prepared in one original and two copies. B. The original and its two copies shall be typewritten or completed by hand. In the latter case, they must be completed in black ink and in block capitals.3. Marks, numbers, numbers and nature of packages or head of cattle; description of goods4. Combined Nomenclature code5. Gross weight (kg)6. Net weight (kg)7. Net weight (kg) (in words)8. I, the undersigned , acting on behalf of the authorised issuing body (box 9) certify that the goods described above were subjected to health inspection at , in accordance with the attached veterinary certificate of , originate in and come from Serbia and Montenegro/Kosovo and correspond exactly to the definition contained in Annex II to Council Regulation (EC) No 2007/2000 (OJ L 240, 23.9.2000, p. 1).9. Authorised issuing bodyPlace:Date:(Stamp of issuing body)(signature)

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ANNEX VII

Issuing authorities:

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(1)  Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.

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